HUDOOD LAW 1979 PDF

Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan, [14] [15] and punishments have been awarded only under the Tazir provision of the Hudood Ordinance. It described the offence of false accusation of Zina fornication and adultery either written, verbal or "by visible representations", with intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who "according to the finding of the Court", a witness has given false evidence of the commission of zina or rape, or when a complainant has made a false accusation of rape; [18] Proof of "qazf liable to hadd" includes the accused confessing to it in court, the accused committing qazf in court, or if two Muslim adult male witnesses other than the victim of the qazf testify that the defendant committed qazf. If the accused is a non-Muslim, the witnesses may be non-Muslims. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1.

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Because of this stringent standard, no accused has ever been found guilty and stoned to death in Pakistan, [14] [15] and punishments have been awarded only under the Tazir provision of the Hudood Ordinance.

It described the offence of false accusation of Zina fornication and adultery either written, verbal or "by visible representations", with intent to cause harm, and without producing four witnesses in support of the accusation before the Court, or who "according to the finding of the Court", a witness has given false evidence of the commission of zina or rape, or when a complainant has made a false accusation of rape; [18] Proof of "qazf liable to hadd" includes the accused confessing to it in court, the accused committing qazf in court, or if two Muslim adult male witnesses other than the victim of the qazf testify that the defendant committed qazf.

If the accused is a non-Muslim, the witnesses may be non-Muslims. It specifies that whips shall be made of leather, or a cane or a branch of a tree, be no longer than 1. Convict shall be medically examined before flogging to determine if the flogging should be "applied in such manner and with such intervals" that it does not kill the offender being flogged.

Flogging may be postponed if the offender is ill, pregnant, or if the weather is too cold, etc. Stripes shall not be applied to "the head, face, stomach or chest or the delicate parts of the body of the convict," and should not lacerate the skin of the convict. In , before the ordinances went into effect there were 70 women held in Pakistani prisons. By , there were Worse, in actual practice, the vast majority of accused women were found guilty by the trial court only to be acquitted on appeal to the Federal Shariat Court.

By then they had spent many years in jail, were ostracized by their families, and had become social outcasts. Failure to find such proof of the rape may place her at risk of prosecution for another hudood ordinance, qazf for accusing an innocent man of adultery. Qazf does not require such strong evidence. According to Mufti Taqi Usmani , who was instrumental in the creation of the ordinances: If anyone says that she was punished because of Qazaf false accusation of rape then Qazaf Ordinance, Clause no.

No court of law can be in its right mind to award such a punishment. One case was that of Safia Bibi, an unmarried blind woman from the northwest frontier who was prosecuted for zina because of her illegitimate pregnancy.

Her rapist was acquitted. Her crime: she had been raped. Her sentence: death by stoning. Now Ms. Zafran Bibi, who is about 26, is in solitary confinement in a death-row cell. Furthermore, he said, in accusing her brother-in-law of raping her, Ms.

Zafran had confessed to her crime. A triple talaq is pronounced. The woman returns to her parental home. She goes through her period of iddat. After a while the family arranges another match and she gets married. The husband then claims that sans the confirmation of divorce by the local authorities the marriage is not over and launches a zina prosecution. It is necessary to delete this definition [of a valid marriage] to shut this door.

He does not argue with statements such as "eight out of every ten women in jail today are those charged with the offence of Zina". The bill was ratified by the Senate on 23 November , [54] and became law after President Musharraf signed it on 1 December A complaint of adultery must be made to a judge with at least four witnesses testifying under oath that they witnessed the act of penetration. Other legal experts have claimed that the original law was not so unbalanced as its opponents claimed or that the reforms will be impossible to enforce.

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HUDOOD LAWS 1979 PDF

In the Code, section shall stand repealed. Presiding Officer of Court to be Muslim. The Presiding Officer of the Court by which a case is tried, or an appeal is heard, under this Ordinance shall be a Muslim: Provided that, if the accused is a non-Muslim, the Presiding Officer may be a non-Muslim. Saving Nothing in this Ordinance shall be deemed to apply to the cases pending before any Court immediately before the commencement of this Ordinance, or to offences committed before such commencement. Oridnance to override other Laws.

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Hudood Ordinances

Dagal Definitions In this Ordinance, unless there is anything repugnant hydood the subject of context: Whoever sells, lets to hire, or otherwise disposes of any person with intent that such person shall at any time by employed or used for the purpose of llaw or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that such person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine. Both it and adultery became non-compoundable, non-bailable, and punishable at maximum by death. Since the crime of statutory rape was also eliminated, minor girls may also be charged with engaging in illicit sex if hduood have reached puberty. Views Read Edit View history. Both of these were later overturned by the Supreme Court. A number of international and Pakistani human rights organizations argue that Hudood Ordinance goes beyond what is required by sharia. Whoever buys, hires or otherwise obtains possession of any person with intent that such person shall at any time be employed or used for the purpose of prostitution or illicit intercourse with any person or for any unlawful and immoral purpose, or knowing it to be likely that hudodo person will at any time be employed or used for any such purpose, shall be punished with imprisonment for life and with whipping not exceeding thirty stripes, and shall also be liable to fine.

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Hudood Laws

Nikotilar VII of or an offence of similar nature under any other law for the time being in force. Oridnance to override other Laws. Get updates on human rights issues from around the globe. Whoever commits zina liable to tazir shall be punished with rigorous imprisonment for a term which may extend to ten years and with whipping numbering thirty stripes, and shall also be liable to fine.

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